Legal Opinion
Pasquina v. Cunningham
Court of Appeals for the First Circuit
Decided January 22, 2008No. 06-2786PublishedCited by 42 opinions
1Opinion of the Court
LIPEZ, Circuit Judge.
This bankruptcy case requires us to decide whether the post-petition sale of the debtor’s home, for which he had obtained a homestead exemption under the law of Massachusetts protecting it from creditors, causes the proceeds of the sale to lose their exempt status under the Bankruptcy Code and become subject to pre-petition, nondischargeable debt. We conclude that the proceeds from the sale of the home retain the exempt status of the home itself. We therefore affirm the district court’s ruling that the proceeds from the sale of Maurice F. Cunningham’s homesteaded property…
2Cases cited9 opinions
- Grogan v. GarnerSupreme Court of the United States · 1991
- Local Loan Co. v. HuntSupreme Court of the United States · 1934
- Owen v. OwenSupreme Court of the United States · 1991
- Patriot Portfolio, LLC v. Weinstein (In Re Weinstein)Court of Appeals for the First Circuit · 1999
- Harris v. Herman (In Re Herman)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1990
4 more not listed; retrieve them via the Exa API.
3Cited by42 opinions
- Fahey v. Massachusetts Department of RevenueCourt of Appeals for the First Circuit · 2015
- Degiacomo v. TraverseCourt of Appeals for the First Circuit · 2014
- Berliner v. Pappalardo (In Re Puffer)Court of Appeals for the First Circuit · 2012
- Viegelahn v. Frost (In Re Frost)Court of Appeals for the Fifth Circuit · 2014
- Wadleigh v. CommissionerUnited States Tax Court · 2010
37 more not listed; retrieve them via the Exa API.